PREPARATORY COMMITTEE FOR INTERNATIONAL CRIMINAL COURT

CONCLUDES SESSION: TO MEET AGAIN IN MARCH 1998

Considers Definition of Crimes, Criminal Responsibility,

Challenges to Jurisdiction, Transfer of Suspects, Penalties

The Preparatory Committee on the Establishment of an International

Criminal Court concluded its fifth session this afternoon, taking note of

texts approved by its five working groups for inclusion in the draft

consolidated text of the convention for the proposed court.

Among the texts of what it took note was a definition of war crimes,

which would include such offences as wilful killing, torture or inhuman

treatment -- including biological experiments, unlawful deportation or

confinement, and the taking of hostages. The reports of the working groups

also covered procedural matters, questions relating to international

cooperation and judicial assistance, general principles of criminal law,

and the issue of penalties.

In addition to considering the definition of war crimes, the

Committee's working group also addressed such issues as the extent of

criminal responsibility, challenges to the court's jurisdiction, the

surrender and transfer of suspects, and the question of penalties.

Also this afternoon, the Preparatory Committee adopted the

provisional agenda for its next session, to be held from 16 March to 3

April 1998. The topics to be discussed include the composition and

administration of the court, Final Clauses, and the relationship of the

court with the United Nations. The Preparatory Committee would also begin

a general review of the entire text of the court's statute.

The Preparatory Committee's next session will be its last, to be

followed by the diplomatic conference of plenipotentiaries, to be held in

Rome from 15 June to 17 July 1998. That conference will meet to finalize

and adopt a convention to establish the court, which would then be

submitted to the General Assembly.

The Preparatory Committee also noted that pursuant to the General

Assembly's 1996 resolution 51/207, the Secretary-General had established a

trust fund for the participation of the least developed countries in the

work of the Preparatory Committee and in the diplomatic conference of

plenipotentiaries. Guidelines had been established for the administration

of the Fund. The resolution also called upon States to contribute

voluntarily to the fund.

The Chairman of the Preparatory Committee, Adriaan Bos (Netherlands),

announced his intention to convene a meeting of chairmen of the various

working groups as well as the coordinators and members of the Committee's

bureau next January in Zutphen, Netherlands, to compile all the draft texts

before the Committee into a logical form.

He concluded the session by saying that many efforts had been made

by Committee members to contribute to the progress of the session. Despite

the hard work, there remained a very positive commitment to completing the

statute for the international criminal court. The work had shown how

complicated matters were, as well as the vital interests involved in

creation of the court. There was still much to be accomplished.

Throughout its sessions, the Preparatory Committee had been

developing a draft statute on the creation of an international criminal

court. In its original format, the 60-article draft statute prepared by

the International Law Commission address such elements as establishment of

the court and its relationship to the United Nations, its composition,

adminstration, jurisdiction and applicable law, investigations and the

advancement of prosecution, and issues relating to trials, appeals, and

reviews, international cooperation and judicial assistance, and enforcement.

Introduction of Reports

ADRIAAN BOS (Netherlands), Preparatory Committee Chairman, introduced

the report of the working group on the definitions and elements of war

crimes.

PER SALAND (Sweden), introducing the report of the working group on

general principles of criminal law, said the group had concentrated mainly

on the topic of criminal responsibility, including grounds for excluding

that responsibility. At the next session, the group would discuss the role

of national law and general legal principles.

SILVIA FERNANDEZ DE GURMENDI (Arqentina), introducing the report of

the working group on procedural matters, said the group discussed

procedural matters involving the complementarity of the court in relation

to national courts. It also considered the subject of challenges to the

court's jurisdiction. The group shared the view that crimes required

further definition in the court's statute. It intended to consider such

topics as investigation of alleged crimes and procedures for collecting

evidence at the Committee's next session.

PIETER KRUGER (South Africa), introducing the report of the working

group on international cooperation and judicial assistance, said the group

had considered the surrender and transfer of suspects, as well as

provisional arrest and other forms of cooperation. It also dealt with

articles concerning limits on the uses of evidence, as well as limits on

proceedings against surrendered persons. He said the group's report

represented the highest level of compromise.

ROLF EINAR FIFE (Norway) said the report of the working group on

penalties had considered legal principles which were common to the other

working groups. With respect to penalties, it considered the question of

reparations and compensations which would be paid by convicted persons,

along with disqualification from holding public office and imprisonment.

Future Work Proqramme

Noting that its future work programme was provisional, the Chairman

said that during the first week of its sixth session, beginning 16 March

1998, the Preparatory Committee would discuss subjects which had not yet

been considered: composition and administration of the court, and Final

Clauses. The afternoons of the first week would be used to finish those

subjects left over from the present session, including procedural questions.

During the second week, discussions would focus on establishment of

the court and its relationship with the United Nations, to be followed by a

general review of the entire text of the court's draft statute. The aim

was to identify issues that touched on several areas for which solutions

might have to be found at the diplomatic conference in Rome. The

Preparatory Committee's task was to recommend to the conference a

consolidated text of the entire statute, to facilitate its work.

At its prior session, the Committee's agenda was divided between its

working groups on trigger mechanisms and procedural matters. The group on

trigger mechanisms discussed the question of what, or which actors, could

initiate or "trigger" court proceedings -- Member States, the United

Nations Security Council and/or the Court Prosecutor.

On procedural matters, the working group presented a text on the

notification of indictment; trial in presence of the accused; proceedings

on an admission of guilt; investigation of alleged crimes; functions and

power of the trial chamber; commencement of prosecution; presumption of

innocence; rights of the accused; and the protection of victims and

witnesses.

Previously, the Committee had worked on the definition of crimes to

be adjudicated by the court and on general principles of criminal law and

penalties. It negotiated the definitions of war crimes to be included

within the court's jurisdiction, as well as general principles of criminal

law. It was also recommended that the text defining genocide and crimes

against humanity be included in the draft of the convention.

Backqround on International Criminal Court

According to the draft statute, the international criminal court will

be a permanent court with the power to investigate and bring to justice

individuals who commit the most serious crimes of concern to the

international community, such as genocide, war crimes and crimes against

humanity.

The idea of a permanent court began with the unsuccessful attempt to

establish an international tribunal after the First World War. Following

the Second World War, the Nuremberg and Tokyo war crime tribunals set the

stage for efforts to create a permanent court. It was first considered at

the United Nations in the context of the adoption of the 1948 Convention on

the Prevention and Punishment of the Crime of Genocide. Further

development of the notion was effectively forestalled through differences

of opinions for many years.

In 1992, the General Assembly directed the International Law

Commission to elaborate a draft statute for an international criminal

court. Further public interest was created by the establishment of the

International Criminal Tribunals for the Former Yugoslavia in 1993 and for

Rwanda in 1994.

In December 1994, the General Assembly established an Ad Hoc

Committee opened to all Member States and members of specialized agencies

to review the major substantive and administrative issues arising from the

International Law Commission's draft statute. The following year it

established the Preparatory Committee, with the mandate to draft a widely

acceptable consolidated text of a convention for an international criminal

court based on the Commission's draft statute.

Officers, Membership

The Chairman of the Preparatory Committee is Adriaan Bos

(Netherlands). Its Vice-Chairmen are Cherif Bassiouni (Egypt), Silvia

Fernandez de Gurmendi (Argentina), and Marek Madej (Poland). The

Rapporteur is Masataka Okano (Japan).

The Preparatory Committee is open to all United Nations Member

States, members of the specialized agencies, and members of the

International Atomic Energy Agency (IAEA).

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